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Monday, November 25, 2013

Bennis v. Michigan case brief

Bennis v. Michigan case brief summary
516 U.S. 442 (1996)

CASE SYNOPSIS

Petitioner challenged the judgment of the
Supreme Court of Michigan, which reversed a court of appeals judgment
reversing the trial court's judgment abating petitioner's automobile
to respondent, the State of Michigan, without compensation since it
was used in criminal activity without her consent or knowledge.

CASE
FACTSPetitioner's husband engaged in illegal
criminal activity in their automobile, which was jointly owned. After
the husband's arrest and conviction, the State brought an action to
seize the automobile under the State's forfeiture laws.

PROCEDURAL HISTORY
The trial
court granted judgment to the State and refused to give a portion of
the value of the automobile to petitioner for her interest.
Petitioner appealed the judgment, and the court affirmed.

DISCUSSION

The court
held that a long line of cases upheld a State's right to seize
instruments of criminal activity, even though the owner was innocent
of any crime or wrong doing.

The court determined that seizing
petitioner's car did not violate the U.S. Constitutional amendment XIV's Due
Process Clause or the Taking Clause.

The count concluded that the
State properly followed court precedent, and petitioner was not
entitled to recover the automobile or her portion of the value.

CONCLUSION
The court affirmed the judgment and held that respondent was
entitled to take petitioner's automobile by forfeiture even though
she was innocent of any crime and did not have any knowledge that it
would be used illegally.Recommended Supplements and Study Aids for Property Law

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